Arrest and Detention of an Alleged Violator

PURPOSE: There is statutory authority governing the arrest and detention of persons who have allegedly violated the conditions of parole, and this rule complies with this statute. (1) An alleged probation, parole, or conditional release violator may be arrested by any probation and parole officer, or anyone s/he may deputize to do so, when in the judgment of the officer the probationer, parolee, or conditional releasee has violated the conditions of probation, parole, or conditional release. A statement in writing is given to the arresting officer. A written copy of the alleged violations is furnished to the detaining authority. (2) After arrest and detention, the probationer, parolee, or conditional releasee is given a copy of the warrant setting out the alleged violations. AUTHORITY: sections 217.040, 217.720, and 217.722, RSMo 2000.* This rule was previously filed as 13 CSR 80-4.010. Original rule filed Feb. 5, 1968, effective Feb. 15, 1968. Amended: Filed July 1, 1970, effective July 11, 1970. Amended: Filed March 15, 1974, effective March 25, 1974. Emergency amendment filed Aug. 6, 1979, effective Aug. 16, 1979, expired Nov. 11, 1979. Amended: Filed Aug. 6, 1979, effective Dec. 13, 1979. Amended: Filed July 15, 1988, effective Nov. 1, 1988. Amended: Filed Dec. 22, 2011, effective June 30, 2012. *Original authority: 217.040, RSMo 1982, amended 1989, 1993, 1995; 217.720, RSMo 1982, amended 1989, 1990, 1994; and 217.722, RSMo 1989, amended 1990, 1995. Douglas v. Buder, 412 U.S. 430, 93 S.Ct. 2199, 37 L.Ed.2d 52 (1973). Issuance of a traffic citation is not an “arrest” under either Missouri or Arkansas law for which failure to report cannot be grounds for revocation of probation without violating due process.